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Home My WebLink About07102002 arYOf SEBA5!!AN ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 10,2002 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. There was a moment of silence. 4. ROLL CALL Citv Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Finance Director, Mark Mason Golf Course Director, Greg Gardner Public Works Director, Terry Hill Regular City Council Meeting July 10, 2002 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 02.145 02.146 02.147 02.148 02.149 02.047 02.135 A. Certificate of Aooreciation to Citv from Florida Leaaue of Cities Mayor Barnes read the Florida League of Cities Innovations 2002 certificate, cited the five programs honored, and presented the certificate to the City Manager. Certificate of Aooreciation to Thelma Koooman for Paintina in Yacht Club B. Mayor Barnes read and presented a certification of appreciation to Ms. Koopman for her painting. c. Certificate of Aooreciation to Don Camobell for Golf Course Beautification Mayor Barnes read and presented a certificate of appreciation to Mr. Campbell for his efforts. D. Certificate of Aooreciation to Ed Olsen for Donation of Paint for Golf Course A member of the audience noted that this recognition was in error. E. U. S. Power Sauadron Presentation D/LtlC Nigel Hargreaves, SN, of the U.S. Power Squadron gave a presentation on their function and the safe boating course which will be conducted on July 27 and 28, 2002 at the City Yacht Club. He offered the following numbers for information about their program - 772-388-0852 and 772-388-8276. F. Pr~sentation of MembershiD Certificate bv Javne Barczvk. Membershio Committee Chairwoman. The Sebastian Clambake Foundation. Inc. Mrs. Barczyk reported on the foundation, its purpose, described the September festival and invited everyone to a taste fest on July 23, 2002 at 5:30 pm in the City Council Chambers; and read and presented the Mayor with a Sebastian Clambake Foundation, Inc. membership certificate. G. Water Lev~1 in Monitored Wells The City Engineer gave an update on water levels for the three active wells in the City on Toledo Street, Barker Street and Filbert Park. He said the levels have not increased in two weeks. He advised that measurements be taken during a drier spell before any conclusions are drawn. 2 Regular City Council Meeting July 10, 2002 Page Three 7. CITY ATTORNEY MATTERS · Reported on the DCA administrative hearing re: Kirrie property noting it would be held in abeyance for 30 days for DCA representatives to come and look at the site. · Said that Planning and Zoning Commission is requesting a joint workshop to go over the proposed cell tower ordinance. He said he will go back to them and suggest a workshop in September due to Council's heavy meeting schedule for the next two months. 8. CITY MANAGER MATTERS · Distributed a memo requesting an emergency purchase in the amount of $65,000 from discretionary sales tax reserves to repair COllapsing culverts (see attached). The Public Works Director further described the need for repair. MOTION by Hill/Majcher "I move to authorize the emergency appropriation of $65,000 for the purpose of replacing collapsed road culverts with a sunset of September 30, 2002." ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - aye - aye - aye - aye - aye MOTION CARRIED 5-0 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mr. Hill · Noted the successful 4th of July celebration · Congratulated those involved with the drainage during these heavy rains. B. Mr. Barczvk · Congratulated the Public Works Director and his staff for their July 4th preparation · Asked to change the agenda to put staff and council matters at the end of the agenda. Mayor Barnes placed this on 7/24/02. C. Mr. Maicher None. 3 Regular City Council Meeting July 10, 2002 Page Four D. Mr. Conialio · Congratulated the entire staff on the 4th of July. · Distributed information entitled "Florida Water Shortage". E. Mavor Barnes · Congratulated everyone involved with the 4th of July celebration. · Said he had received a call from Tut Connelly on various issues but particularly they discussed the new park that will be built on the riverfront, about which Mr. Connelly expressed concern for lack of public input. Mayor Barnes invited everyone to come out and tell the City what they want at the Parks and Recreation Advisory Committee public meeting on July 20, 2002 from 9 am to noon. · Jean Carbano, Betty Avenue, said she had spoken to Parks and Recreation Advisory Committee and was told that they were not interested in hearing about park at Easy Street and Lake Drive because it is not a new park. Parks and Recreation Member, Jayne Barczyk, offered to submit her concerns to the committee. I. Call Soecial Meetinc for 1st Budcet Hearina Seotember 12.2002.6:00 o.m. (No backuo) Mayor Barnes called the Special Meeting for September 12th, 2002. 11. CONSENT AGENDA All Items on the consent agenda are considered routine and will be anacted by one motion. There will be no separate discussion of consent agenda Items unless a member of City Council 80 requests: in which event, the item wI/I be removed and acted upon separately. A. Approval of Minutes - 6/26/2002 Regular Meeting 02.150 B. Resolution No. R-02-27, Driveway Permit Fees (Engineering Transmittal 7/2/02, R-02-27) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA. INCREASING DRIVEWAY PERMIT FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE 02.151 C. Resolution No. R-02-29, Vacation of Easement-Lot 23, Block 390, Sebastian Highlands Unit 11 (GMD Transmittal 6/28/02, R.02.29, Map, Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 23. BLOCK 390, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.152 D. Resolution No. R-02-30, Cemetery Changes (City Clerk Transmittal 7/2102, current rates, R-02-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council Meeting July 10. 2002 Page Five 02.118 E. Authorize Purchase of Various Software Licenses and Backup and Storage Equipment (Finance Transmittal 7/3/02, Quotes) 02.054 F. Approve Additional $10,316.56 Payment to Ranger Construction (Public Works Transmittal 7/2102) FPL Pole Attachment Agreement for Banners (City Manager Transmittal 7/3/02, Agreement) The City Attorney read Resolution Nos. R-02-27, R-02-29 and R-Q2-30 by title. 02.153 G. Mayor Barnes removed Item C for discussion. MOTION by Majcher/Barczyk "I make a motion to approve consent agenda items A, B, D, E, F and G." ROLL CALL: Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes MOTION CARRIED 5-0 Item C - Resolution No. R-02-29 - aye - aye - aye - aye - aye Mayor. Barnes asked for clarification that staff is carefully reviewing rear easement vacation applications before bringing them to City Council and the City Manager assured him that was being done. MOTION by Barnes/Hill liAs long as they're taking a good look at it, I'll move to approve item C." ROLL CALL: Mr. Barczyk Mr. Coniglio, Mr. Majcher Mayor Barnes Mr. Hill MOTION CARRIED 5-0 - aye - aye - aye - aye - aye 5 Regular City Council Meeting July 10, 2002 Page Six 12. PUBLIC HEARING 02.137 A. Second Readina and Public Hearinc of Ordinance No. Ow02-12 - Moratorium Extension (Citv Manacer Transmittal 7/2/02. 0-02-12. Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT. SEVERABILITY AND EFFECTIVE DATE. (Display Ad 7/5/02) The City Attorney read Ordinance No. 0-02-12 by title and the Mayor opened the public hearing at 7:50 p.m. The City Attorney said this is to give staff time to finalize the cell tower ordinance and reiterated that Planning & Zoning would like to conduct a workshop with Council. Being no input, Mayor Barnes closed the public hearing. MOTION by Majcher/Barczyk "Move to adopt Ordinance No. 0-02-12." ROLL CALL: Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk - aye - aye waye - aye - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up requIred. limit of ten minutes for each speaker None. 14. COMMITTEE REPORTS/RECOMMENQATIONS A. Code Enforcement Board I. Interview. Unless Waived and Aoooint One Alternate Member (Citv Clerk Transmittal 7/1/02. aoolications. ad) City Council interviewed Mr. Neglia, Mr. Griffin, and Mr. Madsen. 02.028 6 Regular City Council Meeting July 10, 2002 Page Seven MOTION by Hill/Coniglio "I move to appoint Mr. Lee E. Griffin to the alternate member position, unexpired term 6/1/2004." ROLL CALL: Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio MOTION CARRIED 3-2 B. - nay - aye - aye - nay - aye 02.043 Tree & Landscaoe Advisory Board I. Interview. Unless Waived and Aoooint One Alternate Member lCitv Clerk Transmittal 7/1/02. aoolications. ad. board members) Ms. Shuttleworth was not present. MOTION by Hill/Coniglio "I move to appoint Mr. Henry Madsen to the alternate member position, unexpired term to expire 11/1/2002: ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher MOTION CARRIED 5-0 15. OLD BUSINESS 02.154 A. Recuest from Mark Lund lCitv Manacer Transmittal 7/3/03. CorresDondence) - aye - aye - aye - aye - aye The City Manager briefly described the code enforcement matter for Mark Lund (see Mr. Lund's submittal attached). Mr. Lund explained the case going back to 1998 and asked for help from Council. The City Attorney said he had listened to the hearing tapes and advised Council on the cases which started in 1985 and then again from 1993 to the present. TAPE I . SIDE /I (9:02 p.m.) 7 Regular City Council Meeting July 10, 2002 Page Eight He said the old lien was waived by Code Enforcement and then they finalized the second lien at approximately $7,500 but did not set a time limit. He then explained that liens are not only against the property but against all properties owned by the violator, noting a new lien has not been placed on the Fellsmere property. He explained the three types of homestead property and Council's options which are to forgive it, reduce it, release only the Fellsmere property, etc. A lengthy discussion followed. MOTION by Coniglio/Hill "I would be inclined to review this or look at it again, or hear it again after a report from Code Enforcement, I really would, I don't think it is fair to the citizenry that to make that kind of decision unless you are there [in current compliance)." ROLL CALL: Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 The City Manager clarified that Code Enforcement should review the property. Mayor Barnes called recess from 8:30 p.m. to 8:45 p.m. All members were present upon reconvening. 16. NEW BUSINESS 02.062 A. First ReadinQ Ordinance No. 0-02-09 Secondarv Frontvards. Schedule Second Readina and Public Hearinc Julv 24. 2002 (GMD Transmittal. 0.02.09) AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA. AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2.5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS-10) PROVIDING SECONDARY FRONT YARD SETBACKS AND SECTION 54-5-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0.02-09 by title and briefly explained the amendments. He advised that a builder could request a variance if need be. MOTION by Majcher/Coniglio "Hold a first reading and schedule a public hearing for July.24lh, 2002 for Ordinance No. 0-02-9." 8 Regular City Council Meeting July 10, 2002 Page Nine ROLL CALL: Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill MOTION CARRIED 5-0 - aye . aye - aye - aye - aye 02.155 B. Endorsement of Five Year Caoital Plan for Discretionary Sales Surtax Extension (Citv Manacer Transmittal 7/3/02. Procram) The City Manager presented the five year capital plan analysis in support of the discretionary sales tax extension and recommended endorsement of the idea. He advised there is no requirement for formal approval at this time, rather that this is a tool to initiate analysis of future needs and support for the extension. Discussion followed on the importance of lobbying for the discretionary sales tax. MOTION by BarczyklConiglio "Move to endorse five year plan as presented." ROLL CALL: Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk MOTION CARRIED 5-0 - aye - aye - aye - aye - aye Contract Award for Emerc~ncv Clean Uo (Public Works Transmittal 6/27/02. Booklet Under Seoarate Cover) Angie Tanner, Grubbs Emergency Services, Inc. addressed City Council on services that would provided. 02.156 C. MOTION by Majcher/Coniglio "I make a motion to move to waive the formal sealed bid procedures and approve the piggyback contract with Grubbs Emergency Services, Inc. for disaster recovery services on an as need basis and authorize staff to execute contract." 9 Regular City Council Meeting July 10, 2002 Page Ten ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio - aye - aye - aye - aye - aye 17. Being no further business, the Mayor adjourned the meeting at 9:00 p.m. Approved at the July 24th, 2002 Regular Council Meeting. \;Jro~ \ub~ Walter W. Barnes Mayor ~~t/7)n~ Sally A. Maio Me City Clerk 10 HOMI OfPEUC'AN ISlAND Memorandum. To: Thru: From: Date: Re: Honorable Mayor and Councilmm-21 ~' Terrence R. Moore, City Mana~~ Mark C. Mason, CPA, Director ofFinan~ July 10, 2002 Emergency Appropriation for Collapsed Road Culverts Over the past two weeks, the City has received an inordinate amount of rain which has caused several original GDC Road Crossing Pipes (made of metal) to collapse. These collapsed pipes pose a significant danger to users ofthe roadways ifnot corrected in a timely manner. Currently, there have been four road crossing pipes that have collapsed within the past week (estimated cost to replace ($22,405)) and an estimate of future collapses based upon these occurrences would suggest that many more will also collapse without notice. These replacement road crossing culverts will be in addition to the six (6) Road Crossing Culverts approved for replacement in December 2001. Therefore, it is recommended that the City Council authorize an emergency appropriation in the amount of $65,000 for the purpose of repairing these crossing culverts in a timely manner. The emergency appropriation is designed to forestall the need to approve an emergency expenditure each time one of these culverts collapses. The emergency appropriation of $65,000 will be used only for collapsed crossing culverts which create the emergency condition as a result of the current weather conditions and will sunset on September 30, 2002. Funding will come from Discretionary Sales Tax Reserves. , ",. "" ',.' , ,., - .",.' Recommendation Move to authorize an emergency appropriation of $65,000 for the purposes of replacing collapsed road culverts with a sunset of September 30, 2002. Cc: Terry Hill, Public Works Director Paul Wagner, General Service Director INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC $IGN-UP SHEEr JULY 10, 2002 REGULAR MEETING . "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not 81gn this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: . PUBLIC HEARING SIGN-UP SHEET 02.137 A. Second Reading and Public Hearing of Ordinance No. 0-02-12 ~ Moratorium Extension AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX.MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPUCATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFUCT, SEVERABIUTY AND EFFECTIVE DATE. (Display Ad 6/19102) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS State planners forecast a 30 percent increase in Florida's water' use over the next two decades, from 7 ~2 billion gallons per day in 1995 to 9.3 billion in 2020, when total population is projected to reach 20.1 minion. Management in Tallahassee. "If we do that with enough foresight, we should be OK." State planners forecast a 30 percent increase in Florida's water use over the next two decades, from 7.2 billion gallons per day in 1995 to 9.3 billion in 2020, when total population is pro- jected to reach 20.7 million. But a growing population isn't the only fac- tor driving increased water use. Florida is the largest user of irriga- tion water on the East Coast, and cit- rus groves, sugar-cane fields, nurseries and fruit and vegetable farms will continue to demand their fair share of the state's water. "Water supply is an issue that every- one has taken very seriously," says Llewellyn. The Legislature has directed the state's five regional water- management districts to project their water needs for the next 20 years, and identify ways for utilities and local governments to find water in an envi- ronmentally acceptable way. Following legislative passage of a new bill this spring, local governments, for the first time, will be required to consider the regional water supply plan in their own comprehensive plan- 18 FLORIDA REALTOR June 2002 ning. While it won't solve the state's water problem, the measure should lead to better coordination between the water-management districts and local governments, says Keith Hetrick, general counsel, Florida Home Builders Association in Tallahassee. Hetrick says it's important for everyone in real estate to become involved in the water-management issue. "We could see local moratori- ums on new development in the next few years unless we move forward rapidly to develop new water sup- plies. We must become leaders on this issue, so it becomes a priority for the policymakers. " The Current Situation It's hard to believe that a state like Florida, which usually gets more than 50 inches of rainfall a year, could have a water problem - especially when a hurricane, tropical storm or heavy rainfall floods low-lying communities. But two-thirds of annual rainfall occurs during the four summer months of the rainy season, with little accumulation during the winter. And the amount of rainfall can change dra- matically from year to year. The recent three-year drought was the worst in the state in four decades. Much of the annual rainfall is lost immediately to evaporation, and about half of the remainder quickly runs off into stonn-sewer systems, leaving only about 7 to 8 inches a year to trickle down to the five underground aquifers that provide the bulk of the state's drinking water. These aquifers hold billions of gal- lons of groundwater, which is tapped by the wells drilled by the state's 7,000 drinking water systems. When the supply of fresh groundwa- ter is enough to meet demand, the , 'I. ~ 1 1 ., ., , j i \ ,~ , , 1 aquifers can be used indefinitely. But when demand increases, the aquifer can recede, allowing in brackish salt- water, creating sinkholes on the sur- face, and drying up wetlands, springs and lakes. . Despite last fall's heavier.than- normal rains, groundwater levels are (continued on page 20) 'l l I Florida's Water Shortage: What's Ahead? (continuedfrom page 18) Faced with ongoing concern about the state's water supply, officials want to break the "hydro-illogical cycle" of public apathy, drought, concern, panic, rain and a return to apathy. That means a year-round focus on water conservation. still below normal in much of the state, leaving water-management district officials concerned about the long-term impact. Kirby Green, direc- tor of the St. Johns River Water Management District, has warned that Central Florida faces potentially permanent damage to underground aquifers unless new sources of water are found and the pace of new development slows. Potential Solutions Faced with ongoing concern about the state's water supply, officials want to break the "hydro-illogical cycle" of public apathy, drought, concern, panic, rain and a return to apathy. That means a year-round focus on water conservation. Last year, municipalities from the Florida Keys to the Treasure Coast placed restrictions on watering lawns and washing cars. These types of con- servation measures are likely to become a permanent part of the Florida lifestyle. New homes already incorporate water-saving measures like limited- flow showerheads. In Tampa, the city council recently considered limiting the size of lawns to reduce water requirements for irrigation. There's clearly a need to change Floridians' attitudes and behaviors, says Michael Molligan, communica- tions program director, Southwest Florida Water Management District in Brooksville. "There has to be an educa- tional component letting people know the importance of conserving water." Conservation is just one part of the water-supply solution. Another step is to reclaim previously used wastewater for irrigation or commercial uses. A small but growing number of new homes in the Orlando area have lawns Renting Condos or Houses as Short Term Rentals? You are a "resort" rental manager, and you need to know more about FVRMA, the Florida Vacation Rental Managers Association. FVRMA is the resort rental manager's source for information related to legislative issues, OOR regulations. OBPR issues and educational programs; and FVRMA is taking an active role in the legislative arena. " , :'@::' ~~ ~l'" fllrlllllaIIIIllIIIII ~a ASSO(:"'11ON,1NC. '..'-'" ".' ~\ ~ }~'!i~~" .", .. ~l 'D'~ "~ >- rfi .:}/'1 20 FLORIDA REALTOR June 2002 -~&__.... . . ':~.. :.,~,'~ :,:-:~".' equipped with pipes and spigots for irrigation with treated and chlorinated wastewater. About 25 miles of new underground lines for this "gray" water are expected to be added in the next few years, potentially cutting drinking water consumption by as much as 10 percent. In the Panhandle, the Santa Rosa County Commission is considering whether or not to require new subdivisions in some areas to install similar water-reuse systems. Water Reuse Florida is already a leader in the area of water reuse, distributing about 575 million gallons of reclaimed water a day. Florida Department of Environmental Protection (DEP) Secretary David B. Struhs says, "In addition to providing a dependable, locally controlled water supply, water reuse decreases our dependency on primary water sources and decreases the diversion from sensitive ecosystems." Another approach is building more storage facilities to hold rainwater dur- ing the dry season. Florida has anum- ber of reservoirs for drinking water, including Lake Okeechobee in South Florida, and more are on the way. Tampa Bay Water, for instance, is building a reservoir to store 15 billion gallons of water. The primary problem with aboveground reservoirs is that they lose a large amount of water to evaporation. That's why several water- management districts are looking at aquifer storage and recovery (ASR) systems. During the rainy season, these systems pump treated water into underground aquifers, which then serve as reservoirs during the .., - ~ *' drier months. However, some envi- ronmental groups have expressed con- cern about the potential for bacterial contamination, and scientific research projects are under way to investigate this concern. Converting saltwater to freshwater through desalination is another potential solution for coastal regions. Desalination is already in use in the Keys, and a new $110 million plant on Tampa Bay is scheduled to be completed later this year. Other desalination plants are being consid- ered for the state's eastern coast. In Central Florida, the St. Johns River could provide a potential source of new water, and in South Florida, the Comprehensive Everglades Restoration Program may offer a long- term solution. This $8.4 billion state- federal plan involves restoring the natural wetlands of the Everglades, while building 100,000 acres of new reservoirs, 333 storage wells and other facilities to assure a greater year-round supply of drinking water. The Bottom Line Whatever the solution, the end result is likely to be a higher cost of water for consumers and businesses - how much depends on the tech- nology and the utilities' cost to access that water. "Money is always an issue," says llewellyn. "The ground- water we've used in the past has been very cheap, and the new alternative supplies will be somewhat more expensive. " Speaking for the home-building industry, Hetrick believes state govern- ment needs to playa more active role in assisting the development of alter- native water-supply technologies. "We feel strongly that state regulation and incentives are needed to address the water-supply issue," he says. "Otherwise, the marketplace will continue to go after the least expensive source of water." Another positive step was taken in January when representatives from Florida, Georgia and Alabama reached an agreement in principle to allocate water in the Apalachicola, Chattahoochee and Flint River basin for the next 50 years. The agreement would help protect Apalachicola Bay, whose oysters and sluimp represent a large part of the region's economy. At this point, the state's water prob- lems are not considered serious enough to warrant placing limits on new residential or commercial develop- ment. A recent DEP status report says Florida's future water needs can be met while sustaining the state's lakes, wetlands and other natural systems. But the report adds that such an opti- mistic result will be possible only with "careful planning, great care to protect natural systems, increased water con- servation, and the use of diverse sources of water." . 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CF1'W~IL_.8/ _ -rw:r:-U Pl1i ;r-IV ~f/M-ot' /oIL -rJlg-~~I1Jt/ _ . ftt eNS e J (JJ 17::-. fSe Co J1I\.p~ ,f"/t/ /t-JlVY e-(j.;r1Y7.rNfl-L m~ v-o ~~__f) ~:r 1/lJc.,5> 1 iiCil.h:Ns-r d>~saf: ~' . ~ ../ ~ - ';''1 . 1YOV I ".01"'); (Enclose Self Addressed Stamped Envelope) ~' ) e;a:J/11 /V ,1L C en r:r f2zt:D Cd ,P )'./ RECORDING OFFICE (,c IB- 0 .. f' 0 1.O (>0 1 RETURN TO: Mark Gordon Lund Denise Lynn Lund 1053 Louisiana Avenue Sebastian, FL 32958 IN THE RECORDS OF JEFFREY K BARTON CLERK CiRCUIT COURT INDIAN RIVER CO., FlA This Instrument Prepared By: Mark Gordon Lund Denise Lynn Lund 1053 Louisiana Avenue Sebastian, FL 32958 ~ OFFICIAL USE ONLY Mark Gordon Lund Denise Lvnn Lund DESIGNATION OF HOMESTEAD (Fla. Statute 222.01; 222.02 Designation of Homestead before and after Levy) 1, Mark Gordon Lund, and his wife, Denise Lynn Lund, inhabitants of the State of Florida for the past 33 years, residing in the claimed and exempt homestead located at 1053 Louisiana Avenue, Sebatian, FL 32958, do hereby desire to avail himself and herself of the benefits of the provisions of the state constitution and laws exempting their real property as their homestead from forced sale under any process of law, and hereby make this written statement pursuant to Florida Statute 222.01, 222.02 and Article X Section IV of the Florida Constitution, that the real property described below is their homestead and they hereby claim such homestead rights. Further, they do hereby state that they' have made no such other Declaration of Homestead except as has been abandoned. That we have lived and maintained the above described property since on or about approximately October 28, 1998, and that we have kept the same in good condition and have made repairs and improvements thereon. Property (Parcel) Folio Number 0631390??oo500000004.0 Legal Description: Beg. 109 ft. W ofNE corner ofSW1I4 in center of LA. Ave for P.O.B. fun Won N line one/fouf of SW1I4 2 Tax Exemption ID no. 55897 1053 Louisiana Avenue Sebastian, FL 32958 Signature I" C~ -wJ Demse Lynn Lund 1053 Louisiana Avenue Sebastian, FL 32958 FL bC- Signature A TRUE COPY CERTIFICATION ON lAST PAGE J.K. BARTON. CLERK (,0 0\ c..) .,r." ~ o N <- f~; I 1''0 ~~: - .. o ...J ~ - U1 o -0 C"") \.D N ,......."". , . !' . /I, STATE OF FLORIDA COUNTY OF INDIAN RIVER: Filed: Clerk of the Circuit and County Courts. Indian River County, Florida. Office of the County Recorder, Indian River County, Florida NOTARY PUBLIC-STATE OF FLORIDA The attached Declaration of Homestead was witnessed and acknowledged by me as true, correct ~ complete, and s~nned) and sobscribed before me on this ~ day of 2002 by ..J.. II /{ f\ f\ e-Asr UJ()J d [PRINT, TYPE. OR STAMP NAME OF NOTARY] JU. ANN EAS1WOOO MY COMMISSION' DO 105398 EXPIRES; April 2. 2llO6 IlonIId 1IInI ,....,. NlIla lMIdIrMIIIIt herSOnallY known to me. or produced identifi~~~ion. T,J of identification produced IFlorida Driver's License. _Other. ~ (.J1 <::) ,-:I C"? \..0 W ? A TRUE COpy CERTIFICATION J.K. BARTON, cl~~kAST PAGE ,."ITI/;J, ,',"',~I.'~"".'(,-'-"_'~"" , cerzTI~l) (o(J7 r '* '! .,,~.." ~ ," (J flYt JNJ4~ ---- HEAD OF FAMILY Affidavit State of Florida, County of Indian River: Before me. the undersigned, an officer duly commissioned by the laws of Florida, V) ;v p ..-/ on this rI- day of ..) I.A L. Y , 2002, personally appeared before me. Mark Gordon Lund, who having been first duly sworn, deposes and says: 1. My full name is Mark Gordon Lund. 2. I am the Affiant in the above captioned cause and incorporated affidavit. 3. This affidavit is filed in good faith and with clean hands in accordance with " the laws and statutes of the State of Florida. 4. All of the above or incorporated items and matters alleged, and the things and statements made in said attached affidavit are true. accurate and correct. to the resident of the State of Florida for the past 33 years. C") ::0 <J1 0 -::',] c;. - '" I.D VI best of my knowledge, information and belief. 5. 1. Mark Gordon Lund do hereby make this oath within this Affidavit and say that: a) I am the Head of a Family residing in the State of Florida, and have been a b) I am the Head of a Family in the State of Florida for the past 28 years. c) I have filed legal claim and the required exemption. and Designated my Homestead to be in Indian River County, State of Florida, A TRUE COpy CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK ~ ~ .... . ,. d) That any monies or payments due to me are for my personal labor and services and includes compensation paid or payable, in money of a sum certain. for personal services or labor whether denominated as wages, salary, income. commission, or bonus. e) I am a natural person who is providing more than one-half(t/2) of the support for a child or other dependent(s). The aforesaid allegations must be taken as true and are legally sufficient I, Mark Gordon Lund, have read the foregoing Affidavit of Head of Family and attest that it is true, complete and correct to the best of my knowledge and belief under the penalty of law. (Laws of Florida, s. 12. ch. 86- 201, as codified in Florida State Statute 92.525.) FURTHER AFFIANT SA YETH NOT. p.d Sworn or affinneel to and subs<ribed before me Ibis ~ day of ~ 2002. NOTARY PUBLiC, State of Florida at Large. My Commission Expires: Is! sign e- Mark Gordon Lund "FLbL , JdCa!lfL_L@~ Notary Public Name j, STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FIL IN THIS OFFICE, '"'''''',',',''''' , . J',K. BART.~"c"L"", ,'1 ~"'f.',," c.?~.~Jt~;/fJ~ ,/I.:).......C..lRA........<"<t,'\., B i:!i ~ \..,. V .. . !Ui n k. J<i:i DEPUTY '..,LI" ~\ ,llilA '.1 1 0" 4^ '. ,:,~~.'!;, ~~ - t7'*- - t:J'r-U ,~",,,,,,"';CJ/ DATE _.___..,,_..._ I'l~. t:f;iU~''l" .......... ~'IM~\I.~\\' o ::n - <J1 o - -0 c;"") - - \.0 -1 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and. under the conditions speci. fied in $. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be rec. orded in the public records of the county and shall con- stitute notice to any subsequent purchasers. succes. sors in interest, or assigns if the violation concerns real . property, and the findings therein shall be binding upon .. the violator and, if the violation concerns real property. any subsequent purchasers, successors in interest. or assigns. If an order is recorded in the public records pur. suant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. ~1Oly.-5. 1, ch, 80-300: 5. 6. Ch. 62-37; s 44. ch 63-217:. 6. ch. 86--201:., 6. ch. 89-268: s. 3. Ch, 94-291: s. 1443. ch. 95-147: s, 2, ch. 95-297. _.-Former 5 166.057. .~.. i 'I .~ "' ;i( 162.08 Powers of enforcement boards,-Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. . (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. HIatOry.-s. 1, ch, 8O.:lOO: s. 7. Ch. 82-37:. 7. ch 66-201: ~ 7. ch 00-266. NoIe.-Former s 166.0&ll ;'~I~ .::i' ,1. 162,09 Administrative fines; costs of repair; liens. (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon find. ing that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or. in the case of a repeat violation, for each day the repeat violation continues, b,eginning with the date the repeat violation is found to have occurred by the code inspec. tor. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the tine imposed pursuant to this sec. tion. If a finding of a violation or a repeat violation has been made as provided in this part. a hearing shall not be necessary tor issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a). (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day tor a first violation and shall not .~;;,', '':'' .1\;..'..... . exceed $500 per day for a repeat violation. and, in addi- tion, may include all costs of repairs pursuant to subsec. tion (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (b) In determining the amount of the fine, if any, the enforcament bOard shall consider the following factors: 1 . The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the viola. tor. (c) An enforcement board may reduce a fine impOS~? p~rsu~nt J? thiS/,sec~ion, /A~~~Y~i~<Qf ..' .... ,;l~.th! ~\ert9Of ' ,/ ". .,.... ........., 'i/';' ...~~i~$t~~l:llan~" '&%tst,~a?d;'~pQi'i .any ptbJr real/or :,pe. ", ~~\jy~V:lOlettlf. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, which. ever occurs first. A lien arising from a fine imposed pur- suant to this section runs in favor of the local governing body, and the local governing bOdy may execute a satis. faction or release of lien entered pursuant to this sec. tion. After 3 months from the filing of any such lien which remains unpaid. the enforcement board may authorize the IqCaI9c>Y!='f9illlilbqdyattorllexto foreclose on the lien .~li",~:ttft~i!,p(;;rJ.utfllto,t . J.1a~,m~:~~?t~lo.d'onr:etll:Rr ..' ./ s~e.Jimder/S:4,...Art:....X"cf:t"e.stlite;,~ti~tl~{':'" "HiSlory.-S, l. Ch', 1lO-300: s. 5. ch 66-201:' 1. erl. 87-391: s. 5, ch., 89.266: s 4. Ch, ~-29'; 5. 1, ch. 9&-297. _e.-FOlmer ~, 11'16.059, ~"I ~ () o:t;; 162.10 Duration of lIen.-No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certi. fied copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien "'is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is enti. tled to recover atl costs. including a reasonable attor- ney's fee. that it incurs in the foreclosure. The local gov. erning body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent pur. chasers for valuable consideration without notice, unless a notice of lis pendens is recorded. History.-.s. 9, Ch. 82-37: ~. 9. ch. 86.201: r;. 9, eh. 89-268: s. 5. ch 94-291, I. f .~ ' i 1 162.11 Appeals.-An aggrieved party. including the iocal governing body. may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be Iim. ited to appellate review of the record created before the 1205 I05~ :z~ I~ "" l \~ ~ ~ ~ ~ \J -...J ~ I~ ~ "} \ti J"( \~(Y) ~ I j lJ \.~ Q t ") ~~~ IJl ~ ~~.~ :' rJ \tJ U '- Vi e z ex; ::J ~ W a: I '\ " --- CODEEN~RCEMENTBOARD CITY OF SEBASTIAN COMPLAINT NO. 93-7709 CITY OF SEBASTIAN, Petitioner, IN THE ReCORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER co., FLA. A TRUE COPY CERTIFICATION ON lAST PAGE J.K. BARTON. ClERK vs. E. W. TAYLOR&.10HN PFENNINGER, JR., Respondents. t. . \ ( t r ( ORDER IMPOSING FINE AND LIEN ,,- '~'!,.~~ ~',~ '-,'"' ~I I ..~' ::'. (:':':'.j,. :'~ c c: . - :J This cause came before the Code Enforcement Board on November 23, 199H. upon the ~ c. request of Mark Lund, successor-in-interest to the ~espondents herein, for a reductjt)~ of the line "r'.,:i...~,~ . .',t~..l' I'~"" and the certification of any lien in this cause, and the Board having considered the matter, it is: ." .;I'<W>".' J,,/ ,," "./ .) . I' . ~ ~,,~^,~,,:~,~,. <0<' .~ ~ ". ~.~.i:r . . ,~" ~'i> , . ;"~ I , ORDERED: . ~'.- . ,:,,"" "'\ '. ; }'-'" ". 1. ~ ~ - >-." ,,/ ~ ",;,~ C" ;"~ ,i' .:' !.,:: ; , . That the property was brought into compliance on October 21, 1998, a total of ""."""""'-" """'''~-'' i,/'i\~ . ~. one thousand nine hundred seventy-sevqn (1977) days after the date ~t forcompliaflce pursuant '"1:' ~, "'~'. ~ . ~; ,,".-' ,," - :.~". .;.;:': f: 'il' ;,' . '';,.. to the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER entereu herein on " . ~" January 28, 1993, and recorded in Book 10 14, Page 2000 ofthe Official Records of Indian River County, Florida. 2. That the fine for the violation in this cause is hereby set at $3.87 per d'ay for each day the property was not in compliance and, accordingly, a total fine in the amount of $7,492.32 -";- is hereby imposed in this cause. , "q::Z:':" '3::,:. ~ 3. That the Clerk to the Board is hereby directed to record a copy of this Order in tht; Official Records of Indian River County, Florida, forthwith and the same shall act as a lien pursuant to Florida Statutes Chapter 162 and the Sebastian City Code. DONE AND ORDERED this 14th day of December, 1998, nunc pro tunc to November 23. t 998. in Sebastian. Indian River County, Florida. CODE ENFORCEMENT BOAR 0 CITY OF SEBASTIAN By: ~ jiur thairman ATTEST: ~c+.L D. Bosworth, Clerk Code Enforcement Board -." STf~TE OF FLORIDA IND!I\N RIVER COUNTY THIS IS TO CERT/FYTHATTHIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. ^- ..CIlIII<r~ J.K. BARTON. CLERK ~/~\~ ~~~~ \.i\..1 OEPUTY CLERK X,.;;;;:.~ DATE -./;;l! 11.4 / I <f 21 Approved as to form and legality for reliance by the City of Sebastian only: ~~.~:~ c :r: /J l' .&:" """t a- C U o + ~pt/", &~- ~ t~;-~ (~ /... 'i?i I;J.. ; 1.5 ""\ ..... ,';{ ~ ~ ~ :E ~ ~ \J .J ~ ~ ~ ~ l~ I f'\ ~k\'^. ~ '" J ~ I Q. ~J.. V\ .. ~ I ~ o ~ '^ "" \~r-l ~ "rJ~ \.j- ~ z a: :;:) \ii a: ~ CODE ENFORCEMENT BOAlU> CITY OF SEBASTIAN CASE NO. CEB 85-12 IN THE MATTER OF: /. -0 Zr-t:..- gmlTlz >:O'Tl-l z,,'TlJ: :JJ():l1m __m:Il <:Il-<m mo"o :0 C' ....-coO ~, -i ):0 :0 90:::00 .. O-lC/) 'Tlc;:Oo ~:OZ"TI . ,-f c: c...: I"..: U I"\; EVERETT TAYLOR 1053 LOUISIANA AVENUE SEBASTIAN, FL 32958 ORDER RESCINDING FINE AND DISMISSING CASE This cause came before the Code Enforcement Board on November 23, 1998, upon the request of Mark Lund, successor-in-ittterest to the Respondents herein, for a rescission tind release of the fine and lien in this cause, and the Board having considered the matter, it is: , to 0) C rTl n ORDERED: tn -0 == 1. That the CERTIFICATION OF FINE AND ORDER IMPOSING PENAL TlES AND LIENS entered in this cause on December 10, 1986 and recorded in Book 754, Page 2152 of the Official Records ofIndian River County, Florida, is hereby rescinded and the fine in the case herein is reduced to the amount of zero dollars. - .. .~' .N 2. That the case herein is hereby dismissed. DONE AND ORDERED this 14th day of December, 1998, nunc pro tunc to November 23, 1998, in Sebastian, Indian River County, Florida. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN BY:'~~ . Chairman o ::0 M - ATTEST: N ,... - STATE OF flORIDA INDIAN RIVER COUNTY 3!iI n..IS IS TO CERTIFY THAT THIS IS A ~:: ::C\ND CORRECT COpy OF THE ~. \;~,L ON FILE IN THIS OFFICE. ':.:..:~\ 3y~~~.~L- . QCPlIT'-' '~,'~' ~~-~ ) S-:P~i.~.2.t ~-~ D. Bosworth, Clerk Code Enforcement Board - -;: c:r: C c..; I" ~